Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
All water rents, penalties and interest thereon and all charges for tapping, connecting and disconnecting and any other charges provided by this chapter shall be a lien on the real property upon which the water is used, and such lien shall be prior to every other lien or claim except the lien of an existing tax. The Town Clerk shall annually file by October 1 with the Town Board and the Supervisor the amount of any such liens which have not been paid at the time and in the manner prescribed by the Town Board, with a description of the real property affected thereby, and the Supervisor and Board of Assessors shall include such amount in the annual tax levy and transmit such statements to the Board of Legislators, who shall levy the same upon the real property in default.
The Town Board shall establish water rates for the various districts annually and may, in its discretion, change such rates when deemed necessary.
The schedule of charges and rates for water service shall be as adopted annually or at any other time as determined by resolution of the Town Board or the Authority, except that if no action is taken by the Board or the Authority, the most recently adopted schedules shall continue in effect.
All water supplied shall be charged for on the basis of the amount registered on the meter or meters installed on the consumer's premises, with a minimum charge as established by the Town Board. Where two or more meters supply the same premises and consumer, the consumer, in addition to the fixed charges for all meters, shall be billed at the schedule of rates for a quantity of water equal to the sum of the readings on all meters on the premises.
A charge shall be made for construction purposes during the erection of any dwelling or business establishment, which charge shall be fixed by the Town Board or Authority. For all types of construction, water used shall be metered, and the installation of a meter shall require the purchase and installation of same at the contractor's expense. The district will buy back the meter, less any necessary repairs, at the conclusion of this service. Rates for water consumption shall be those in effect in the district. No schedule has been set for this water use during construction.
The Water Department, with the approval of the Town Board, shall determine the charges and rates in special cases to cover unusual conditions or types of service not contemplated in these rules and regulations or in the charges and rates set by the Town Board for regular service. No consumer will be allowed to supply water to other persons or premises and no owner or occupant shall use water from another premise unless specific permission has been obtained in each case from the Water Department. The Department has the right to require, during a temporary period of emergency, that a consumer allow it to connect an adjacent premises to such consumer's piping, but in such a case allowance will be made for any excess water registered on his meter.
The Town Board may enter into a contract or contracts for the sale of water to users not within the water district if such outside use cannot or will not cause a hardship to the water users within the district to which such outside users are connected. Rates for such use shall be specified in each such contract, provided that such rates shall not be less than the rates established for users within the adjoining district. In fixing such rates, the Town Board may consider such applicant as assessed by the water district as a property owner within said district. Any contract for such service outside the district shall require the party requesting such service to comply with the provisions of this chapter.
Generally. Checks for payments of water district bills and water charges shall be made payable to the Town Water Department. Checks for payments of Water Authority bills and water charges shall be made payable to the Authority. Meters will be read and bills rendered at regular quarterly intervals. Bills for the previous quarter shall be due and payable at the office designated on the bill.
Penalty for late payment. Bills remaining unpaid after the due date shall be subject to a straight ten-percent penalty and shall be added to the tax rolls if still unpaid on October 1 according to Article 12 of the Town Law. If a bill remains unpaid at the end of three months after it becomes due, the water will be shut off until such bill, together with an additional charge of $5, is paid.
The Water Department, upon the written request of a property owner, will mail the water bills to the tenant or lessee using the water, but the owner shall remain responsible for all charges provided for in this Article, together with any penalties.
Any person who desires to receive water from a water district or the Authority shall, in connection with this application, pay the following charge for the tapping of water mains unless a tap to the main was installed at the time of original construction:
[Amended 1-7-1976; 2-4-1981; 7-20-1994]
Size of Tap
Inspection fee
Any tap larger than one inch will not be installed by the Water District.
Taps and meters over two inches shall be supplied by the owner under the direction and inspection of the Water Department. Only meters approved by the Department will be used. The above charges include the cost of a meter and meter installation for a three-fourths-inch size only by the Water Department, with the exception of one-inch or larger meters. The owner must supply an approved meter for larger sizes. These charges may be changed by Town Board action as provided in § 138-61. The Water Department or Authority will furnish to the applicant an estimated cost of all water service connections required to be installed at cost and, upon completion of the installation, will refund to the applicant any excess of the estimated cost over the actual cost of installation. In the event that the actual cost exceeds the estimated cost, the applicant will be required to pay such excess to the Water Department or the Authority, whichever one is involved. The tap charge will be retained by the Water Department or the Authority.
An authorized employee of the Water Department or the Authority may authorize a different size or type of tap in extraordinary cases, giving due regard for proper standards for the preservation of pressures and flow.
Upon payment of an additional charge of 50% of the base tap charge, two taps may be allowed in one excavation, provided that they shall be for service to one building. If service is desired for two separate buildings, the charge shall be the same as for two separate tappings in accordance with the schedule set forth in § 138-59.
The Town Board may increase or decrease the tapping charges set forth herein at any regular meeting.